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Letter to Attorney General Edmund G. Brown, Jr., continued

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Ronald Douglas Kennedy
otrkennedy@aol.com

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Letter to Attorney General Edmund G. Brown, Jr.
20 pp.; 728 Kb

PART 1:
Exhibits A & 1–12
395 pp.; 15,231 Kb

OR

Separate Files
from PART 1 above:

EXHIBIT A (8 pages, 266 Kb)
ATTORNEY GENERAL OPINION 93-1205, MAY 12, 1994
EXHIBIT 1 (165 pages, 4618 Kb)
IRVINE COAST DEVELOPMENT AGREEMENT 1988
EXHIBIT 2 (93 pages, 2352 Kb)
CERTIFIED LCP DEVELOPMENT PLAN, JANUARY 1982
EXHIBIT 3 (3 pages, 91 Kb)
I
RVINE COAST LCP DEVELOPMENT REQUEST, OCTOBER 28, 1987
EXHIBIT 4 (30 pages, 4908 Kb)
EXECUTIVE SUMMARY; ROAD PHOTO MAP AMENDED REQUEST, MARCH 1987
EXHIBIT 5A (5 pages, 146 Kb)
ORIGINAL GRANT DEED TO COUNTY OF ORANGE FOR LCP, AUGUST 22 1988
EXHIBIT 5B (4 pages, 158 Kb)
AMMENDED GRANT DEED GIVEN TO TCA FREE, MARCH 16, 1993
EXHIBIT 6 (4 pages, 124 Kb)
O.C. EMA TALKS ABOUT CERTIFIED LCP OF APRIL 20, 1988
EXHIBIT 7 (2 pages, 71 Kb)
ADDITIONAL OF SITE MITIGATION EMA REPORT OF CERTIFIED LCP OF 1987
EXHIBIT 8 (17 pages, 552 Kb)
CCC APPLICANT THE IRVINE COMPANY LCP ROAD PERMIT, DECEMBER 9, 1987
EXHIBIT 9 (2 pages, 51 Kb)
PELICAN HILL RD. REPORT, ROBERT BEIN & FROST, 1987
EXHIBIT 10 (9 pages, 189 Kb)
IRVINE COAST MASTER COASTAL DEVELOPMENT, FIRST AMENDMENT, 1989
EXHIBIT 11 (1 page, 33 Kb)
CHUCK DAMM LETTER, 1994; COPIED TO ME FROM RODENY LILYQUIST Esq., 1994
EXHIBIT 12 (6 pages, 195 Kb)
MEMORANDUM FROM CHUCK DAMM REGARDING LCP, DECEMBER 4, 1987
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PART 2:
Exhibit 13—Complete
(Chuck Damm to Coastal Commisioners,
November 19, 1987)
52 pp.; 1,720 Kb

PART 3:
Exhibits 14–36
207 pp.; 5,578 Kb

OR

Separate Files
from PART 3 above:

EXHIBIT 14 (5 pages, 149 Kb)
ASSEMBLYMAN FERGUSON ORIGINAL REQUEST FOR OPINION, DECEMBER 9, 1993
EXHIBIT 15 (1 page, 37 Kb)
A.G. OFFICER Ms. MAISER REQUEST FOR MY DEBATE DOCUMENTS, DECEMBER 8, 1993
EXHIBIT 16 (8 pages, 303 Kb)
JIM TOLEDANO Esq. OPINION; FAX OPINION REPLY, MAY 4, 1994
EXHIBIT 17 (2 pages, 48 Kb)
ASSEMBLYMAN FERGUSON CHANGED REQUEST FOR OPINION, MAY 10, 1994
EXHIBIT 18 (4 pages, 109 Kb)
APPLICANT FOR LCP, THE IRVINE COMPANY OPINION LETTER, APRIL 1, 1994
EXHIBIT 19 (2 pages, 56 Kb)
NEWPORT BEACH CITY MANAGER BOB WYNN OPINION LETTER
EXHIBIT 20 (6 pages, 137 Kb)
RON KENNEDY ROAD & BONDS SOLD OPINION LETTER, JANUARY 8, 1994
EXHIBIT 21 (1 page, 51 Kb)
DAILY PILOT FERGUSON URGES TOLL ROAD INVESTIGATION, DECEMBER 9, 1993
EXHIBIT 22 (1 page, 43 Kb)
DAILY PILOT CONICIALMAM SANSONE TOLD NOT TO MUDY THE WATER, FEBRUARY 26, 1993
EXHIBIT 23 (86 pages, 2287 Kb)
STEPHEN COONTZ ESQ. ORANGE COUNTY RESOLUTIONS, JULY 12, 1996
EXHIBIT 24 (4 pages, 119 Kb)
CCC MARK DEPLAINE FEDRAL CONSISTENCY LETTER TO TCA, FEBRUARY, 1991
EXHIBIT 25 (4 pages, 150 Kb)
TCA EIS FINANCED BY TOLLS, APRIL, 1992
EXHIBIT 26 (2 pages, 62 Kb)
FAST CORRIDOR FACTS TWO MAPS SHOW ROADS AS SEPERAT 7 1, 1990
EXHIBIT 27 (2 pages, 61 Kb)
FAST CORRIDOR FACTS; TWO MAPS SHOW ROADS AS SEPARATE, NOVEMBER 15, 1990
EXHIBIT 28 (8 pages, 288 Kb)
$1,078,692,411.05 TCA TOLL ROAD REVENUE BONDS, MARCH 4,1993
EXHIBIT 29 (16 pages, 424 Kb)
COURT OF APPEAL 4TH DISTRICT, SILLS P.J. JUDGE OPINION, OCT. 12, 1999
EXHIBIT 30 (28 pages, 662 Kb)
NOSSAMAN, GUTHNER, KNOX & ELLIOT, TCA LAWERS OPINION LETTER, MARCH 1994
EXHIBIT 31 (3 pages, 93 Kb)
ORANGE COUNTY COUNSEL OPINION LETTER, MARCH 24, 1994
EXHIBIT 32 (2 pages, 92 Kb)
DAILY PILOT OPENING OF NEWPORT COAST DRIVE, NOVEMBER 16, 1991
EXHIBIT 33 (4 pages, 106 Kb)
A.G. REPLY IN REQUEST OF TCA, LCP APPROVAL, AUGUST 22, 2007
EXHIBIT 34 (8 pages, 154 Kb)
A.G. REPLY IN REQUEST OF TCA; LCP APPROVAL, SEPTEMBER 5, 2007
EXHIBIT 35 (4 pages, 102 Kb)
TCA LAWERS TO WILLIAM WOOLLETT, CEO OF TCA, FEBRUARY 20, 1996
EXHIBIT 36 (5 pages, 119 Kb)
LETTER TO A.G. FOR EARLIER REVIEW OF OPINION, PLUS REPLY "DECLINE"-"NO BASIS UPON WHICH TO REVISIT THE QUESTIONS,'' MAY 10, 2000.
-

Attorney General Reply
plus Additional Letters
coming soon!

The TCA Amended its plans to build a Toll Road and Certified this amendment " On October 17, 1988," ( exhibit 30 page 4 ) after the original LCP & Irvine Coast Development Agreement had been Certified. Newport Coast Drive was opened to Free Public use by The Irvine Company in 1991 as required by the IRVINE COAST LCP. In 1994 the Northerly portion was Closed by the County. Moved farther north & re opened in 1997 by the TCA as a Toll Road. Or as TCA Lawyers would say Free to use after paying a Toll.


Irvine Coast Development Agreement Exhibit D


Page D-1. Benefits to the County and its Residents.


Page D-9 11. Previously Exacted Benefits:" Coastal Act Consistency and Overall Findings and Conclusions ". D." Early construction of four lanes of Pelican Hill Road from Pacific Coast Highway to MacArthur Boulevard;"


Page D-10 1. transportation Improvements, a. Pelican Hill Road. - -" Under the 1988 Local Coastal Program, Pelican Hill Road will be constructed at four lanes from Pacific Coast Highway to MacArthur instead of the two lanes provided for under the 1982 Land use plan."

(i) " Relives congestion on and allows for significant diversion of traffic from Pacific Coast Highway and sections of MacArthur Boulevard by providing a bypass rout around Corona Del Mar in Newport beach,"


Page D-11 b. "Circulation Improvements Phasing Plan."- - -" and beyond the Project's needs. As is specifically provided in the 1988 Local Coastal program, Chapter 3, Section E, Transportation Policies 22:"

" The highway improvements and phasing as defined in this Section E and on Exhibit Q, which are required by this LCP , have been determined to be of significance beyond normal project requirements so as to meet the objectives of the County's Growth Management Program " - -


The TCA is violating the Irvine Coast LCP of 1988. Code 30820.

"persons violating this subdivision may be held for Civil Liability." I belive the TCA should pay all Legal and Court Cost's, Time spent on brining this Issue to light and an additional amount equal to tolling of users of the original alignment of Newport Coast Drive forced to pay a toll and additionally dollar sums as long as a toll is charged to this class of drivers. And Punitive Damages. These funds used in part for Crystal Cove State Park one of the original destination points of Newport Coast Drive as called out in the IRVINE COAST LCP.


Pelican Hills Rd. renamed Newport Coast Drive from PCH to Mac Arthur Blvd. was given & built as LCP mitigation for the " June 9, 1988 Irvine Coast Development Agreement & LCP Findings in the County of Orange" The TCA at this time was still planing to build a free San Joaquin Hills Transportation Corridor road called a Free Way not a pay to use Toll Road.


[ Exhibit 2 ] Regarding off site mitigation out of the LCP zone The 1988 LCP plan exhibit 1. above was built & amended off the Irvine Coast Planed Community Development Plan Certified LCP Land use Plan of January 19, 1982.


Page IV-35 " D. Public Works / Infrastructure in order to support and provide services to the public recreation, commercial, and residential areas contained in this Local Coastal Program, a variety of infrastructure and public works facilities will be required." --" these systems are automatically made a part of this LCP."


Page IV-36 " The construction of the arterial highway system will be phased with development in order to meet the demands generated by development on the Irvine Coast. In addition, The Irvine Company has agreed to provide roadway capacity beyond the needs attributable to continued...

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© Copyright 2008 Ron Kennedy. All rights reserved.